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Case T-535/14: Action brought on 18 July 2014 — The Cookware Company v OHIM — Fissler (VITA+VERDE)
ECLI:EU:UNKNOWN:62014TN0535
62014TN0535
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6.10.2014
EN
Official Journal of the European Union
C 351/14
(Case T-535/14)
2014/C 351/16
Language in which the application was lodged: English
Parties
Applicant: The Cookware Company Ltd (Hong Kong, China) (represented by: K. Manhaeve, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Fissler GmbH (Idar-Oberstein, Germany)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 April 2014 given in Case R 1082/2013-2.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The figurative mark in colour containing the verbal elements ‘VITA+VERDE’ for gods in Class 21 — Community trade mark application No 1 0 0 73 054
Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
Mark or sign cited in opposition: The earlier CTM No 1 0 13 787 for the word ‘vitavit’
Decision of the Opposition Division: Rejected the opposition in its entirety
Decision of the Board of Appeal: Annulled the contested decision and upheld the opposition
Pleas in law: Infringement of Article 8(1)(b) CTMR.